Judge slams boyfriend in child death

Published: Wednesday, January 22, 2014 at 6:48 p.m.

Last Modified: Wednesday, January 22, 2014 at 6:48 p.m.

Despite calls for leniency, a judge on Tuesday denied a man's request to withdraw his previously entered guilty plea to aggravated manslaughter of a child and then sentenced him to 30 years in prison — the maximum penalty for the charge and 10 years more than even prosecutors had sought.

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Halchak pleaded guilty to the felony charge in March 2011 but sentencing was deferred until Baker's case was resolved. Halchak already was behind bars, serving a 20-year prison sentence on an unrelated charge.

On Jan. 10, a jury found Baker guilty of a lesser offense: child neglect. Circuit Judge Hale Stancil had ruled that the state had not proven all the elements of aggravated manslaughter.

Baker remains free pending an April 3 sentencing hearing. In light of how her trial concluded, Halchak's attorney asked the judge to allow her client to revoke his guilty plea to aggravated manslaughter.

"His responsibility to this child and his knowledge of what should have happened is a lot less than hers," defense attorney J. Melanie Slaughter argued.

After the child swallowed the pill and showed signs of illness, neither Baker nor Halchak called authorities. Instead they performed home remedies to alleviate the child's symptoms. Baker finally did call 911, but the child arrived at the emergency room with no vital signs.

"The truth is they were both taking those pills, she was just as culpable as he was, and she was more culpable because it was her child," Slaughter told Stancil. Halchak was not the child's father.

There were four adults at the residence when the pill went missing. "We all made a decision not to call, sir," Halchak told the judge on Tuesday. "We didn't understand the severity of it."

He said he eventually told Baker to call for help, but she discouraged making such a call.

Baker testified at her trial that Halchak was the one who discouraged calling for help because he was on probation at the time and feared being caught with drugs in the house.

"I loved that little boy. I took care of that little boy," Halchak told Stancil on Tuesday.

Baker also testified during her trial that Halchak was controlling during their relationship, limiting her contact with the outside world and thus affecting her ability to call for help.

"I never discouraged her from doing anything," Halchak said Tuesday. He said he consistently worked during their relationship, providing for both Baker and Jasper.

"I never saw any physical abuse. They were all over each other," testified Lita Halchak of the relationship between her son and Baker. She said her son always worked to provide and that Baker's mother had told her Halchak was the best thing to ever happen to Baker.

This is a stark contrast to the abusive accounts described under oath by Baker.

"All these lies she portrayed on me sir are nothing but lies," Kalin Halchak said.

"She made him look like a monster. It was awful," said Lita Halchak who watched most of Baker's trial.

During Baker's trial, Assistant State Attorney Nick Camuccio showed the young woman several photos taken of her and Halchak and asked her if she could recall when the photos were taken. She could not.

On Wednesday, the prosecutor showed Halchak those same photos. Halchak said they were taken in 2010, after they were released from jail on bond and ordered to stay away from one another.

Halchak said Baker texted him the night they were released from jail, seeking to get together.

"We were in love and we needed to grieve," he said, emphasizing Baker continued to see him and was not afraid of him as she has claimed. If his case had gone to trial, he told the judge, he would have produced phone records that would prove his statements.

Slaughter told the judge her client's decision to enter a plea in the case was an emotional reaction — one her client would not repeat.

Kalin Halchak told the judge Baker is not as innocent as her attorney, the media and testimony made her appear. He said he had bought two pills that night — one for each of them. He said he told authorities they were his pills to protect Baker, who was pregnant at the time.

"I'm just asking for another chance for my son, judge," Lita Halchak told Stancil. "I would love our family back again."

Her son told Stancil he isn't trying to put the blame on anyone else, but wanted the court system to be fair.

During the hourlong hearing, Stancil kept referring to Halchak's previous run-ins with the law.

"I'm asking for one more shot judge," Halchak said before Stancil imposed sentence. "I promise you will never see me in this court system again. I promise you, judge."

The sentence imposed by Stancil is greater than the 20 years Camuccio said would be a fair sentence for both co-defendants.

Halchak's new sentence will run concurrent with the 20-year term he's currently serving. A 1,460-day credit for time already served will be applied to the new sentence.

Outside the courtroom, Slaughter said her client plans on appealing the decision within the allotted 30-day period.

<p>Despite calls for leniency, a judge on Tuesday denied a man's request to withdraw his previously entered guilty plea to aggravated manslaughter of a child and then sentenced him to 30 years in prison — the maximum penalty for the charge and 10 years more than even prosecutors had sought.</p><p>In 2009 authorities arrested Tiffany Baker, 24, and then-boyfriend Kalin Halchak, 35, after Baker's son, Jasper Michael Sawyer, 2, died from ingesting an oxycodone pill.</p><p>Halchak pleaded guilty to the felony charge in March 2011 but sentencing was deferred until Baker's case was resolved. Halchak already was behind bars, serving a 20-year prison sentence on an unrelated charge.</p><p>On Jan. 10, a jury found Baker guilty of a lesser offense: child neglect. Circuit Judge Hale Stancil had ruled that the state had not proven all the elements of aggravated manslaughter.</p><p>Baker remains free pending an April 3 sentencing hearing. In light of how her trial concluded, Halchak's attorney asked the judge to allow her client to revoke his guilty plea to aggravated manslaughter.</p><p>"His responsibility to this child and his knowledge of what should have happened is a lot less than hers," defense attorney J. Melanie Slaughter argued.</p><p>After the child swallowed the pill and showed signs of illness, neither Baker nor Halchak called authorities. Instead they performed home remedies to alleviate the child's symptoms. Baker finally did call 911, but the child arrived at the emergency room with no vital signs.</p><p>"The truth is they were both taking those pills, she was just as culpable as he was, and she was more culpable because it was her child," Slaughter told Stancil. Halchak was not the child's father.</p><p>There were four adults at the residence when the pill went missing. "We all made a decision not to call, sir," Halchak told the judge on Tuesday. "We didn't understand the severity of it."</p><p>He said he eventually told Baker to call for help, but she discouraged making such a call.</p><p>Baker testified at her trial that Halchak was the one who discouraged calling for help because he was on probation at the time and feared being caught with drugs in the house.</p><p>"I loved that little boy. I took care of that little boy," Halchak told Stancil on Tuesday.</p><p>Baker also testified during her trial that Halchak was controlling during their relationship, limiting her contact with the outside world and thus affecting her ability to call for help.</p><p>"I never discouraged her from doing anything," Halchak said Tuesday. He said he consistently worked during their relationship, providing for both Baker and Jasper.</p><p>"I never saw any physical abuse. They were all over each other," testified Lita Halchak of the relationship between her son and Baker. She said her son always worked to provide and that Baker's mother had told her Halchak was the best thing to ever happen to Baker.</p><p>This is a stark contrast to the abusive accounts described under oath by Baker.</p><p>"All these lies she portrayed on me sir are nothing but lies," Kalin Halchak said.</p><p>"She made him look like a monster. It was awful," said Lita Halchak who watched most of Baker's trial.</p><p>During Baker's trial, Assistant State Attorney Nick Camuccio showed the young woman several photos taken of her and Halchak and asked her if she could recall when the photos were taken. She could not.</p><p>On Wednesday, the prosecutor showed Halchak those same photos. Halchak said they were taken in 2010, after they were released from jail on bond and ordered to stay away from one another.</p><p>Halchak said Baker texted him the night they were released from jail, seeking to get together.</p><p>"We were in love and we needed to grieve," he said, emphasizing Baker continued to see him and was not afraid of him as she has claimed. If his case had gone to trial, he told the judge, he would have produced phone records that would prove his statements.</p><p>Slaughter told the judge her client's decision to enter a plea in the case was an emotional reaction — one her client would not repeat.</p><p>Kalin Halchak told the judge Baker is not as innocent as her attorney, the media and testimony made her appear. He said he had bought two pills that night — one for each of them. He said he told authorities they were his pills to protect Baker, who was pregnant at the time.</p><p>"I'm just asking for another chance for my son, judge," Lita Halchak told Stancil. "I would love our family back again."</p><p>Her son told Stancil he isn't trying to put the blame on anyone else, but wanted the court system to be fair.</p><p>During the hourlong hearing, Stancil kept referring to Halchak's previous run-ins with the law.</p><p>"I'm asking for one more shot judge," Halchak said before Stancil imposed sentence. "I promise you will never see me in this court system again. I promise you, judge."</p><p>The sentence imposed by Stancil is greater than the 20 years Camuccio said would be a fair sentence for both co-defendants.</p><p>Halchak's new sentence will run concurrent with the 20-year term he's currently serving. A 1,460-day credit for time already served will be applied to the new sentence.</p><p>Outside the courtroom, Slaughter said her client plans on appealing the decision within the allotted 30-day period.</p>